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(영문) 창원지방법원 2017.06.22 2016고단2848
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[2016 Highest 2848] The Defendant, from October 1, 2009, served as a business employee at the victim's new drug company as a business employee, was set off from the above company around August 31, 2012. From around September 1, 2012, the Defendant entered into a contract on the consignment of drugs with the above company and sold the products and health food produced by the above company on consignment and then deposited the price into the above company.

From January 10, 201 to February 25, 2015, the Defendant sold the waste sugar amount of KRW 308,350, which is owned by the victim company to D pharmacies located in Chungcheongnam-si from around 10, 201 to February 25, 2015, and then received KRW 70,800 out of the price from the said D pharmacy for the victim company and embezzled the sales proceeds of KRW 68,275,297 from the pharmacy located in Chungcheongnam-si area as shown in the list of crimes in the attached Table from around February 2015 while receiving KRW 70,80 out of the price from the said pharmacy for the victim company.

[2017 Highest 801] On March 5, 2017, the Defendant driven a H rocketing car under the influence of alcohol level of 0.148% at approximately 200 meters from the front Do of the F pharmacy to the front road of the G building.

Summary of Evidence

[2016 order 2848] Of the first public trial protocol, each police statement written by the defendant with respect to I written statements by the defendant, each balance confirmation, the trading ledger, and the trading ledger [201st order 801] Application of the law of the defendant's statement report in the circumstances of the driver's statement made by the defendant in court

1. Articles 356, 355 (1) (the occupation of occupational embezzlement) of the Criminal Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act concerning criminal facts (the occupation of drinking) of the relevant Act;

2. Selection of penalty penalty:

3. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are larger than the amount that embezzled reasons for sentencing.

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